South African land question and the dilemma of land expropriation without compensation: A critical examination

Abstract

Since 1994, the three pillars of land reform (redistribution, restitution and tenure reform) have hardly achieved their goals. In the midst of the slow pace of land reform, there have been claims by some scholars, politicians, civil society groups and landless communities that the 'willing buyer, willing seller' approach for land acquisition has slowed land reform. Thus, they have long called for the removal of the 'willing buyer, willing seller' approach to speed up land reform. It is important to note that the ruling African National Congress (ANC) has long been using this market-based approach to appease investors, but pressures within the ANC by populist personalities, as well as pressure outside the ANC, especially by the Economic Freedom Fighters (EFF) and Democratic Alliance (DA) and some land-based groupings, popularised the land expropriation without compensation (LEWC) conversation. In the context of political mobilisation and legitimacy, the ANC has to propose the policy as the most appropriate instrument to effectively address the land issues in the country. The chapter assesses land reform programmes from 1994, engages the motivations for advocacy for LEWC and explores the legal and political undertones and implications of the policy shift.